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  5. QB 22-611 2022 First and Second Quarter Tariff Rate Quota (TRQ) for Steel Mill Articles of European Union (EU) Member Countries

QB 22-611 2022 First and Second Quarter Tariff Rate Quota (TRQ) for Steel Mill Articles of European Union (EU) Member Countries

COMMODITY:

Steel Mill Articles as specified in Presidential Proclamations

QUOTA PERIOD:

Quarter 1:  January 1, 2022 through March 31, 2022

Quarter 2:  April 1, 2022 through June 30, 2022

OPENING:

Quarter 1: January 3, 2022 12:01 AM Local Port time.

Quarter 2: April 1, 2022, 12:01 AM Local Port time

All entries submitted prior to 8:30 am ET and on the opening date will be counted in the first opening at 8:30 am ET.  Entries submitted prior to the opening date, local port time will not be counted towards the opening.  If the totals for any HTS group exceed the limit all accepted entries within the first opening will be prorated.

COUNTRIES COVERED:

EU Member Countries:  Austria, Belgium, Bulgaria, Croatia, Cyprus, Czechia (Czech Republic), Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden.

EU STEEL TARIFF RATE QUOTA (TRQ) LIMITS:

EU Member Country steel limit tables organized by CH 99 HTS Quota ID group are displayed in the document linked here:

www.cbp.gov/sites/default/files/assets/documents/2022-Jan/EU%20Steel%20TRQ%20Limit%20Table%202022_Q1_Q2R.pdf

REPORTING INSTRUCTIONS:

For quota merchandise, use entry type code 02, 06, 07, 12, 23, 32, 38, or 52.

Merchandise subject to this tariff rate quota may also be subject to antidumping and countervailing duty.

A presentation date/time is determined for the entry summary when the last of the following conditions is met:

Error-free entry summary on file.

Entry summary payment or statement scheduled information transmitted to ACE.

Shipment arrival information at the intended port of unlading transmitted to ACE.

ENTRY METHODS:

Quota eligible / combination entries:  Filers must use an appropriate 9903.80.65 through 9903.81.19 quota HTS number for the first HTS number, followed by the Ch 72/Ch73 classification HTS number of their goods as the next HTS number.  Quota entries will be processed on a “first come, first served” fashion based on presentation date/time until the limit for that quota ID HTS group is reached.  If multiple entries are submitted filling the quota with the same presentation date/time, each entry will be automatically prorated.  Quantities above the apportioned amount must be entered using another method listed below.  Exclusion lines and over-quota lines can be combined on a quota entry.

Over-quota entries:  All non-exclusion entries submitted after a quota ID HTS group country limit is reached must be filed using a non-quota entry type (e.g., type 01, type 03, etc.)  Filers must use 9903.80.1 as the first HTS number for section 232 duties, followed by any additional CH 99 HTS numbers (if required), and then the CH 72/Ch73 classification HTS number of their goods as the next HTS number.  There is no limitation on over-quota entries.  Over-quota lines can be combined on a quota entry.

Individual Importer Product Exclusion ID entries:  All entries with an importer-specific Department of Commerce (DOC) approved product exclusion ID must be filed using a non-quota entry type (type 01, type 03 etc.)  No CH 99 HTS number is required for EU steel TRQ exclusion handling.  If additional CH 99 HTS numbers are required, they must be entered first.  Filers must enter the appropriate CH 72/Ch73 classification HTS number of their goods as the next HTS number.  Filers with a DOC approved exclusion must include their Product Exclusion ID number on the entry.  Exclusion entries are limited by the data and volume listed in the DOC information provided to the importer.  Exclusion lines can be combined on a quota entry.

General Approved Exclusion (GAE) entries:  For HTS Statistical Reporting Numbers listed in the GAE table, all entries must be filed using a non-quota entry type (type 01, type 03, etc.)  No CH 99 HTS number is required for EU GAE steel TRQ handling.  If additional CH 99 HTS numbers are required, they must be entered first.  Filers must enter the appropriate CH 72/CH 73 classification HTS number of their goods as the next HTS number.  There are no limits on GAE entries.  Please see the list of GAE HTS numbers at the end of this bulletin.  Exclusion lines can be combined on a quota entry.

SPECIAL INSTRUCTIONS:

Steel quota is processed daily, Monday to Friday (excluding holidays). For shipments to be processed for EU quota on the same day, the entry summary must be filed, entry summary payment date must be on file or scheduled for a future statement, and the conveyance arrived by 4:30 pm in the port’s local time zone.  The official hours for quota processing are established by 19 CFR 132.3.

Quota Bulletins (QB) are posted on the CBP.gov quota page (https://www.cbp.dhs.gov/trade/quota/bulletins) and updated as determined by future announcements. 

The trade may track the status of quotas provided in the weekly Commodity Status Report at https://www.cbp.gov/trade/quota/tariff-rate-quotas

GUIDANCE:

The HTS Chapter 99 Subsection III, US Note 16(f) below for Section 232 quota states:

“Subheadings 9903.80.65 through 9903.81.19, inclusive, set forth the ordinary customs duty treatment for the iron or steel products (as enumerated in subdivision (b) of this note) of any member country of the European Union enumerated in this subdivision.  The aggregate annual import volume under all such subheadings shall be limited to 3,300,170 metric tons.  Subheadings 9903.80.65 through 9903.81.19 shall also be subject to any aggregate annual quantity established for each such subheading, including any allocations or other limitations that may be announced, all as set forth on the Internet site of the Department of Commerce at the following link: https://bis.doc.gov/232-steel.  No such country shall be allowed to import an aggregate quantity under any such subheading during any of the periods January through March, April through June, July through September or October through December in any year that is in excess of the quantity that is allocated to such country by the Department of Commerce, as set forth on the Internet site of such Department as noted herein.  The Department of Commerce is authorized to carry forward any unused quantity of such product from one or more such countries from the first quarter of any calendar year to the third quarter of such year, or from the second quarter of any calendar year to the fourth quarter of such year.  Entries of any product of any such member country that may be described in an exclusion granted by the Department of Commerce shall be eligible to utilize such exclusion upon proper claim therefor, and such entries shall not be counted against the annual aggregate quantitative limitation set forth in this subdivision.

The member countries of the European Union that are covered by this subdivision and by subheadings 9903.80.65 through 9903.81.19 shall include the following:  Austria, Belgium, Bulgaria, Croatia, Cyprus, Czechia (Czech Republic), Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden.”

This means there are annual quota limits for Section 232 steel importations from EU member countries on HTS 9903.80.65 – 9903.81.19 that are managed on a quarterly basis with limits and carry forward amounts set by the Department of Commerce.

Administration of EU Quarterly Tariff Rate Quota Limits

Each quarter has initial limit of 25% of the annual country limit for each HTS group established by the DOC.  Unused TRQ from the first quarter of the year will be combined into the third quarter according to the quantity determined by DOC.  Unused TRQ from the second quarter of the year will be combined into the fourth quarter according to the quantity determined by DOC.

BACKGROUND:

Presidential Proclamation 9704 of March 8, 2018 provided for tariffs in Section 232 Steel and Aluminum. 

Presidential Proclamation 9777 of August 29, 2018 provided for relief from Section 232 limitation on an individual basis via a Department of Commerce issued exclusion. 

Department of Commerce Bureau of Industry and Security Interim Final Rule “Section 232 Steel and Aluminum Tariff Exclusions Process” 2020-27110 established General Approved Exclusions (GAEs) for specific HTS numbers to be used by any importing entity.  This rule was updated effective December 27, 2021 by FRN 2021-26634 to remove 26 GAEs from the section 232 steel list and 4 GAEs from the section 232 aluminum list.  Notes at the bottom of this document have been updated to reflect this change.

Presidential Proclamation 10328 of December 27, 2021 established a Tariff Rate Quota for member countries of the European Union and provided for quarterly limits on Section 232 Steel commodities of 9903.80.65 – 9903.81.19.  Additionally, the proclamation authorizes the Department of Commerce to renew all EU exclusions utilized in FY 2021 for a period of 2 years from the date of the proclamation

EXCLUSIONS:

Effect of Approved Section 232 Quota Exclusions for Member Countries of the EU on Quota Availability:

Exclusions renewed by the Presidential Proclamation 10328 of Dec 27, 2021 are valid for the volume and period listed in the renewal information provided to importers by the DOC.

Importers may apply for additional exclusions from the DOC.  The DOC provides exclusion effective dates and quantity limits to each successful applicant.

When utilizing GAE HTS numbers, an additional individual exclusion ID number is not required.

EU Steel TRQ exclusion entries are exempt from the annual and quarterly steel quota country limits.  Importers holding DOC quota exclusions for a particular HTS can enter goods at any time during the quota year, regardless of whether TRQ thresholds have been met.

For questions related to the quota process, contact the QAB at HQQUOTA@cbp.dhs.gov.  In the event of a technical issue with system operation, please create a ticket with the ACE help desk at ACE.SUPPORT@cbp.dhs.gov.

General Approved Exclusion HTS Numbers:

GAE HTS Numbers from DOC/Bureau of Industry and Security “Section 232 Steel and Aluminum Tariff Exclusions Process” Interim Final Rule are listed in FRN 2020-27110:

https://www.govinfo.gov/content/pkg/FR-2020-12-14/pdf/2020-27110.pdf

Effective December 27, 2021, 26 GAEs are removed from the DOC GAE list:  https://www.govinfo.gov/content/pkg/FR-2021-12-09/pdf/2021-26634.pdf.

GAEs are subject to change by DOC.

Current GAE Steel HTS List:

7208.38.00.15; 7209.27.00.00; 7209.90.00.00; 7210.70.60.30; 7211.14.00.90; 7211.23.45.00; 7211.29.60.80; 7212.60.00.00; 7213.20.00.80; 7213.91.30.20; 7215.50.00.90; 7216.10.00.10; 7216.33.00.90; 7217.10.40.45; 7217.10.40.90; 7217.10.60.00; 7217.10.80.25; 7217.10.80.60; 7217.20.15.00; 7217.20.45.50; 7217.90.50.30; 7217.90.50.60; 7217.90.50.90; 7218.91.00.30; 7219.11.00.30; 7219.11.00.60; 7219.12.00.21; 7219.12.00.26; 7219.12.00.51; 7219.12.00.71; 7219.12.00.81; 7219.13.00.81; 7219.22.00.05; 7219.22.00.35; 7219.31.00.10; 7219.90.00.60; 7220.12.10.00; 7220.12.50.00; 7220.20.60.60; 7220.20.60.80; 7220.20.70.60; 7220.20.80.00; 7222.40.30.45; 7222.40.30.85; 7222.40.60.00; 7223.00.50.00; 7224.10.00.05; 7225.50.60.00; 7226.92.30.30; 7226.92.30.60; 7226.92.80.05; 7226.99.01.10; 7227.20.00.30; 7227.90.60.20; 7229.90.50.16; 7229.90.50.31; 7302.10.10.45; 7302.10.50.20; 7304.24.30.10; 7304.24.30.20; 7304.24.30.40; 7304.24.40.40; 7304.24.40.60; 7304.24.60.30; 7304.39.00.02; 7304.39.00.16; 7304.41.30.05; 7304.59.20.30; 7304.59.20.80; 7304.59.80.10; 7304.59.80.45; 7304.59.80.60; 7304.90.10.00; 7304.90.50.00; 7305.31.60.90; 7305.39.10.00; 7306.21.30.00; 7306.40.10.90; 7306.61.70.60; 7306.69.50.00; 7306.69.70.60; 7306.90.10.00

EU STEEL TARIFF RATE QUOTA (TRQ) LIMITS:

EU Member Country steel limit tables organized by CH 99 HTS Quota ID group are displayed in the document linked here: www.cbp.gov/sites/default/files/assets/documents/2022-Jan/EU%20Steel%20TRQ%20Limit%20Table%202022_Q1_Q2R.pdf

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Last Modified: April 29, 2022